Yesterday evening, I attended the eleventh annual Brown lecture hosted by the American Educational Research Association at the Ronald Reagan Building here in DC. The great scholar James Anderson talked for about an hour about the connections between voter disenfranchisement and state policies that created systems of educational inequality for Blacks as part of the Jim Crow era. Anderson wondered aloud that with the recent efforts to restrict voting and with the Supreme striking down Section 4(b) (and essentially Section 5) of the Voting Rights Act of 1965 if this meant a return of gross educational inequality on the basis of race and class in 2014. As if the trends of inequality only rise and fall with well protected or unprotected voting rights. Voting rights enforcement is a good barometer, but hardly the only one. The last twenty years of high-stakes testing and corporate education reform provide evidence of a trend of educational inequality that has occurred despite and (in many cases) precisely because of voter participation across all racial lines.

The following, though, is my full response, to Anderson, AERA and all of those in legacy-celebration mode with the Brown decision and the Acts in 2014 and 2015. What was true in 1964 and 1965 remains true fifty years later. The Civil Rights and Voting Rights Acts have been much more lightbulbs on a symbol of real progress — the Civil Rights Movement — than it has been an actual marker of progress. At least for those poor, Black and of color. For Whites, though, the Acts have been the sign of a post-racial America without having to work at it or talk about it. But for the adults I grew up around in Mount Vernon, New York in the 1970’s, there was a lingering hopefulness about race relations and racial equality in America that is absent these days. I don’t know if I felt it because of Archie Bunker and All In The Family or because of all those reproductions I saw of the late Martin Luther King, John F. Kennedy and Robert F. Kennedy together in the same painting over so many living-room mantles when I was six years old. Yet no matter how down or how out, so many poorer Blacks I knew back then had hope for a brighter present and future.

Jesse Jackson, an Obama election sign, and the American flag — three symbols in one picture, July 2008. (http://plus.google.com).

It wasn’t as if they contemplated Title VII of the Civil Rights Act or Section 2 of the Voting Rights Act at the disco house parties my mother would take me and my older brother to, playing with other kids while the adults danced away their troubles. No, it was the idea that finally, Blacks who looked like us could pry open a door and get an opportunity to succeed in America. Or, to quote The Jeffersons‘ theme song, to “gettin’ our turn at bat.” It didn’t matter to them that the Civil Rights Act, even with all its enforcement teeth, would benefit White women and those lucky enough to be part of Black middle class more than us poor Black folk. Or if the Voting Rights Act could be thwarted by gerrymandering and state decisions to make voting harder for us. The Acts crystallized hope, symbolized a chance, however small, for a better education, a better job, and a better life, for themselves and their families.

The adults in my life were putting on a good face, though, as I came to realize when I was a preteen. My mother had once held the hope that me and my older brother would “make it” by going to college and finding “good-paying jobs.” But by the start of the Reagan Revolution, she no longer spoke in such lofty terms. My mother was hardly alone. By 1979, Blacks like Florence Grier in Bob Blauner’s oral history book Black Lives, White Lives (1989) were saying, to “tell you the truth, I’m not hopeful that we’re going to progress in the eighties as fast as we progressed from the sixties to the seventies.”

Polling back then also reflected this sense of frustration about race and over racial discrimination among Blacks, in contrast to the White sentiment that America had move beyond its racist past. In March 1981, ABC News and The Washington Post conducted their first combined poll on the state of race relations in the US. While 73 percent of Blacks in the poll saw “deep rooted continuing racial problems and blame them on discrimination…only 46 percent of the Whites agreed.”

The hopes and aspirations that the Civil Rights Act symbolized have eroded with the Act itself, and are all but absent for younger generations of Americans. An MTV and David Binder Research poll from early 2014 found that 48 percent of White millennials believe anti-White discrimination is as significant as discrimination against people of color, while 65 percent of the people of color they polled believe that Whites have more opportunities for success. Even my own eleven-year-old son reflects this trend. “People were more stupid back then,” my son said to me recently while we talked about the Civil Rights Movement and White resistance to integration, as if racial inequality ended with the movement.Thanks in no small part to the success of the neoconservative movement in declaring the death of racism in the 1980s and 1990s, the generation born after 1981 does not see the federal government as the catalyst for a better life or as a leveler of any playing field.

Bruce Hornsby and The Range’s lyrics from their hit “The Way It Is” summed up the weaknesses of the Civil Rights Act and its legacy well, for us in 1986 as well as today:

Well, they passed a law in ’64

To give those who ain’t got a little more

But it only goes so far

Cause the law don’t change another’s mind…

Nor, apparently, does it create a lasting legacy of racial equality and social mobility.

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